Office Circular No. 4-2005

DISTRIBUTION: SOLICITORS/GENERAL

SUBJECT: PERSONAL INFORMATION PROTECTION ACT 2004

The Personal Information Protection Act 2004 commences on 5 September 2005. The Act regulates the manner in which personal information is collected, used, stored and retrieved. Personal information may be contained in an application, grounds and objections to an application, and information provided in support of an application, grounds and objections to an application, made under the Land Titles Act 1980, Strata Titles Act 1980, Conveyancing and Law of Property Act 1884 and other legislation administered by the Recorder of Titles.

As a personal information custodian under the Personal Information Protection Act 2004 the Recorder of Titles is required to provide a personal information protection statement to people from whom personal information is collected. There are some exceptions to the requirement to provide a personal information protection statement. Section 8 of the Act provides that the Act does not apply to public information, which is defined as meaning any personal information that is:

(a) contained in a publicly available record or publication; or
(b) taken to be public information under any Act.

Therefore personal information collected by the Recorder of Titles and subsequently contained in the Land Titles Register, or personal information collected by the Recorder of Titles which falls within the definition of 'public record' under section 36 of the Land Titles Act 1980, is exempt from the requirement to provide a personal information protection statement.

If personal information is collected to which an exception does not apply a statement to the following effect will be used.

Personal information will be collected under various legislation administered by the Recorder of Titles for the purpose of processing your application, objection to an application or grounds and will be used by the Recorder of Titles for determining that application, objection to an application or grounds. It may be used for other purposes permitted under that legislation. The personal information collected will be used for the primary purpose for which it was collected. It will be managed in accordance with the Personal Information Protection Act 2004 and may be accessed by the individual to whom it relates on request to the Recorder of Titles. A fee may be charged for this service.

The statement will be tailored to the specific circumstances such as the section of the Act under which it is made.

Please make your clients aware of the personal information statement.




ALICE KAWA
Recorder of Titles
5 September 2005


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